SUB-COMMISSION CONTINUES CONSIDERATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Sub-Commission on the Promotion and
Protection of Human Rights
55th session
8 August 2003
Morning




Independent Expert of the Commission on Human Rights
on the Right to Development Addresses Sub-Commission




The Sub-Commission on the Promotion and Protection of Human Rights this morning continued its consideration of economic, social and cultural rights and heard an address from the Independent Expert of the Commission on Human Rights on the right to development.
Arjun Sengupta, Independent Expert on the right to development, said that in his reports to the Commission on Human Rights, he had discussed the content and the nature of the right to development in a manner that could make it operational. The right to development was the human right to a particular process of development in which all human rights and fundamental freedoms could be progressively realized. Commission resolution 83 requested the Independent Expert to collaborate actively with the Sub-Commission in preparing concept documents. In this connection, he requested the Sub-Commission to indicate how best he could serve it in this regard. The Sub-Commission had been given a mandate to complete its work on this issue in two years. A work programme might have to be adopted for at least two years, so that intensive studies could be made during that period.
Responding to the presentation, Sub-Commission Expert Asbjorn Eide said that a number of options had been presented on the implementation of the right to development, including the proposal that a Working Group prepare a study on the issue. Additional Experts must be included in this Working Group to better enhance the study, he said, and volunteered to take part in the work for the eventual realization of the right to development. Sub-Commission Expert Emmanuel Decaux endorsed Mr. Eide’s suggestion and proposed that Sub-Commission Expert Florizelle O'Connor be involved.
Also this morning, Sub-Commission Experts continued their consideration of economic, social and cultural rights by responding to reports presented yesterday on water; housing and property; globalization; corruption; and extreme poverty. Concerning transnational corporations, Sub-Commission Expert David Weissbrodt said the Draft Norms on this issue were important, particularly aspects related to transnational corporations taking responsibility. In a draft resolution proposed by the Working Group on transnational corporations, there was a provision that would establish a complaints mechanism -- a first concrete step towards implementation.
On the same issue Francoise Jane Hampson, Sub-Commission Expert, said the Draft Norms on transnational corporations needed to be implemented in practice and used in litigation, and that non-governmental organizations must work to ensure this. On corruption, she said the problem was found throughout the world, both on a small scale and a large scale. However, both types of corruption corroded the foundations of democracy and the rule of law.
Non-governmental organizations also addressed the Sub-Commission this morning and raised issues of concern in relation to the violations of economic, social and cultural rights. Particular attention was given to the activities of transnational corporations and the need to establish standards and codes of conduct to ensure their respect for human rights. A representative of Lawyers Committee for Human Rights, speaking on behalf of Minnesota Advocates for Human Rights, echoed Sub-Commission Experts in stressing the importance of the Draft Norms developed by the Working Group on transnational corporations. Comprehensive international regulation was a prerequisite to closing the gap and ending persistent abuses. The Norms would be of inestimable value and once they were adopted, it would be a truly historic achievement in moving toward a more just and fair world.
Speaking this morning were Sub-Commission Experts Asbjorn Eide, Emmanuel Decaux, El Hadji Guisse, Yozo Yokota, Manuel Rodriguez-Cuadros, Soo Gil Park, Fisseha Yimer, Leila Zerrougui, Jose Bengoa, Florizelle O'Connor, and Antoanella-Iulia Motoc.
Representatives of the following non-governmental organizations spoke: World Jewish Congress, speaking on behalf of International Association of Jewish Lawyers and Jurists; International Federation of University Women, in joint statement with several NGOs*; Lawyers Committee for Human Rights, speaking on behalf of Minnesota Advocates for Human Rights; Dominicans for Justice and Peace, speaking on behalf of Dominican Leadership Conference; Human Rights Watch; International Indian Treaty Council; and World Organization Against Torture.
The Sub-Commission will reconvene at 3 p.m. this afternoon to continue its consideration of economic, social and cultural rights.

Exchange of Views with Independent Expert on the Right to Development
ARJUN SENGUPTA, Independent Expert of the Commission on Human Rights on the right to development, said that in his six reports to the Commission on Human Rights, he had discussed the content and the nature of the right to development in a manner that could make it operational. The right to development was the human right to a particular process of development in which all human rights and fundamental freedoms could be progressively realized. It was a right to both the process and outcomes of the process of development, in which the outcomes of the rights were realized in a phased manner. It was also one in which the constraints of resources, financial, technical and institutional, were progressively relaxed through a process of economic growth with equity, partnership and empowerment. The obligations of the international community were recognized as obligations of international cooperation in the areas of foreign aid, resource transfer, foreign trade and debt services. This was necessary to enable the nation States to implement their policies to realize their right to development. Beginning with working out appropriate indicators for the realization of the different rights and the right to development, which was a composite of those rights, one might propose ingredients of the design of appropriate development policies of the nation States for realizing the individual rights in the context of an overall development that facilitated the realization of all the rights.
Commission resolution 83 in its paragraph 6 requested the Independent Expert to collaborate actively with the Sub-Commission in preparing the proposed concept documents. The Sub-Commission was requested to indicate how best he could serve it in that regard. The Sub-Commission had been given a mandate to complete this work in two years and he was happy to be of any use or assistance in this process.
ASBJORN EIDE, Sub-Commission Expert, said that the presentation of the Independent Expert on the right to development was very essential. A number of options had been presented to the implementation of the right to development. There was a proposal that a Working Group would prepare a study on the issue. Additional Experts should be included in the Working Group to better enhance the study, and he was willing to take part in the work.
EMMANUEL DECAUX, Sub-Commission Expert, said that with regard to cooperation there was a solution referred to by Mr. Eide, which was to entrust the task to Florizelle O'Connor.
EL HADJI GUISSE, Sub-Commission Expert, said that when the issue of the right to development was raised it was considered as a de facto right. However, now the situation had become clear. In order to make the right to development tangible, Experts should inject all the synergy necessary for its realization. Economic and social rights should also be substantiated. An in-depth study of the issue should be carried out.
YOZO YOKOTA, Sub-Commission Expert, said he welcomed the proposals made by the Independent Expert, particularly in terms of cooperation. It was important for the Sub-Commission, the Commission and the Independent Expert to cooperate. The two-year mandate might be a little too short; however the Sub-Commission would do its best to respond to the request of the Commission on Human Rights. It was stressed that the right to development had two aspects, both collective and individual.
MANUEL RODRIGUEZ-CUADROS, Sub-Commission Expert, said that the proposal of the Independent Expert toward the implementation of the right to development was very important. The idea of having a Working Group was also excellent to advance the work on the issue, and he was ready to participate in the group.
SOO GIL PARK, Sub-Commission Expert, said that having heard about the effect of globalization and poverty on economic, social and cultural rights yesterday, how did this development concept relate to issues of development assistance and the behavior of the International Monetary Fund.

Presentation of Report on the Social Forum
JOSE BENGOA, Sub-Commission Expert, presenting his report on the Social Forum (E/CN.4/Sub.2/2003/16), informed the Sub-Commission that there would be a Social Forum next year after the Economic and Social Council (ECOSOC) had agreed to the holding of the Forum in May 2004. The Experts could participate in the Forum. The theme would be poverty and development in the rural areas, and the discussion would be divided among three panels. Preparations were envisaged pertaining to the Social Forum, including a videoconference.

Debate on Economic, Social and Cultural Rights
SOO GIL PARK, Sub-Commission Expert, said that the presentation of the Special Rapporteur on globalization and human rights had contained interesting points that had attracted his attention. Concerning the report presented by Mr. Guisse on the right to drinking water, he said that the poor should not be charged for the enjoyment of their right to water. Turning to the report on globalization and human rights, he said that his first concern was the effect of globalization on human rights after 11 September. Terrorists had been inflicting heavy damages on human security. Continued attention should be paid to the concept of free markets in a sound environment. The process of globalization should not lead to a situation where the rich continued to become richer while the poor became poorer. Mr. Bengoa’s paper had exposed the conditions of extreme poverty and he hoped the Sub-Commission would adopt his paper. Poverty was an extreme form of deprivation of human rights.
EMMANUEL DECAUX, Sub-Commission Expert, highlighted the important work undertaken by Jose Bengoa on human rights implementation and extreme poverty. Extreme poverty was the violation of the most elementary and basic rights, much in the same way as slavery had been a violation of the most basic rights. Poverty affected both developed and developing countries. The growth in affluence had not resulted in the eradication of poverty. Poverty had today become absolute poverty. Whereas development needed to attack quantitavely issues, the human rights approach to poverty was more qualitative. The struggle to restore dignity was not just about material needs; it was about empowerment and the right to have rights. There were also cultural dimensions at the core of human dignity and respect. The right to health, decent housing, justice and education required the mobilization of the State and increased international cooperation. Human rights were not vague promises, they were juridical obligations.
FISSEHA YIMER, Sub-Commission Expert, said that the paper on corruption by Ms Mbonu was an important one. Corruption was a phenomenon that could affect the economic, social and cultural rights of people. He supported her view that the definition of corruption should not take much time and space. Other issues related to corruption should also be included in her study. What did she mean by “cultural backwardness”? The regional remedy mechanisms, such as that of the New Partnership for Africa’s Development (NEPAD), were also indicated in her paper, which was a good idea. The act of corruption in diverting public funds was one that denied the economic, social and cultural rights of people. She had said that even nepotism was considered as a corruption; and her use of “even” could not be appropriate. On the issue of globalization, the problems encountered by the World Trade Organization had been highlighted. The extent to which the International Monetary Fund and the World Bank endeavoured in the promotion of human rights was also noted in the report on globalization and human rights. The Sub-Commission should keep track of the issue of globalization in its work. With regard to globalization, he said that it had become more and more complex. The process of globalization had a consequence on States’ power to regulate their situation.
LEILA ZERROUGUI, Sub-Commission Expert, said the issues covered in the reports were essential for the realization of economic, social and cultural rights. Concerning the report on globalization, it highlighted current injustices and inequalities in the international economic order. Governments had responsibilities, however, there were several other actors that interfered and had roles to play in the process of globalization. One must monitor what was happening internationally to ensure the realization of economic, social and cultural rights. Concerning the report on drinkable water, she asked how the Sub-Commission could be effective in ensuring that the right to water be implemented in an effective manner. Concerning corruption, it was important to continue work on this issue and it was hoped that the international convention on corruption would be adopted shortly. The human rights aspect must be present in this convention. On housing and property restitution, the mandate focused on internally displaced persons, however it might be useful to include externally displaced persons, in particular in relation to occupation and compensation.
MANUEAL RODRIGUEZ-CUADROS, Sub-Commission Expert, said that in the past few years, a series of studies had been carried out on the right to drinking water. Conflicts had arisen among States on rights concerning the usage of water. The legal debate on the right to water and sanitation had been intense. There right to drinking water was a human right. The right to water had also been linked to poverty and extreme poverty. In some areas, the price of drinking water was as high as the individual’s monthly wage. States and societies had the obligation to protect drinking water, including access to it on an equal basis. From the human rights point of view, the cutting off of the water supply for a long period had a damaging effect. The consideration of water as a trading commodity would always have a negative consequence on the poor who could not afford it. The Sub-Commission should work towards reaching a concrete conclusion with regard to extreme poverty.
YOZO YOKOTA, Sub-Commission Expert, referred to references made to the World Bank and said it was in a position to legally protect and promote human rights as a specialized agency of the United Nations.
JOSE BENGOA, Sub-Commission Expert, said that the Sub-Commission had to send its study on the code of conduct concerning transnational corporations to the Commission on Human Rights. The monitoring mechanisms for transnational corporations should relate to matters such as the right to drinking water. What the corporations were doing caused an imbalance in the economic activities of a given country, particularly the developing countries. The right to development should be on the list of the code of conduct. There should be self-monitoring by the headquarters of the transnational corporations with regard to their subsidiaries in the developing countries.
DAVID WEISSBRODT, Sub-Commission Expert, said that more attention than had been needed had been dedicated to the effects of the attacks of 11 September in the report on globalization. There were however other useful remarks in the report. In this connection, he associated himself made by Mr. Eide’s comments yesterday. Concerning transnational corporations, he said the Draft Norms on this issue were important, particularly aspects related to transnational corporations taking responsibility. On the issue of monitoring, the Working Group’s proposed resolution would establish a complaints mechanism which was a first concrete step towards implementation. Many companies had accepted their obligations with regards to human rights, however, it was necessary to raise their awareness on what human rights in their context actually entailed.
FLORIZELLE O’CONNOR, Sub-Commission Expert, said that the notion of free trade should be based on mutual acceptance of the human values of the trading partners. It should in any way be done on imposing values that were not acceptable to the other. The values imposed could result in corruption and social unrest. It should also be based on equality and respect for the values attached by the concerned countries.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, said she hoped the Sub-Commission would adopt the Draft Norms on transnational corporations. These Norms needed to be implemented in practice and used in litigation. Non-governmental organizations must work to ensure that the Norms were used in litigation and to emphasise to Governments how to approach transnational corporations. Concerning corruption, she said the problem was found throughout the world. There was small-scale corruption as manifested through the bribing of policemen. What started as a bride became a pattern of behavior. There was also the corrosive effect of large-scale corruption. They both corroded the foundations of democracy and the rule of law. In order to protect accountability and the rule of law, there was a need for direct action attacking corruption, as well as action to protect democracy.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said that the contents of the Draft Norms for transnational corporations were still too weak. How would the Norms be implemented, she asked. On the report on globalization, she stressed that the content was more political than legal.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, said it was important to have considerable participation from observers and member States in the Social Forum, as well as in the Sub-Commission. Only then could there be substantive debates.
JOSEPH OLOKO-ONYANGO, Special Rapporteur on the issue of globalization and its impact on the full enjoyment of all human rights, said that he hoped that those comments by the Experts would be taken into account. The most prominent facets of globalization were those manifested in the arenas of trade liberalization, improved regimes of investment and the better operation of the mechanisms of international finance. The 11 September attacks had affected the international economic system. Understanding the politics of globalization was essential in order to appreciate its implications for the full enjoyment of human rights. The political arena had a determining factor on the economic development. The role of multinationals in economic development should also be stressed. Changes were expected by the international financial institutions in which transparency and accountability were required.
CHRISTY EZIM MBONU, Sub-Commission Expert, thanked colleagues for their comments and expressed regret that there was not enough time to discuss the topic more thoroughly.
MAYA BEN-HAIM ROSEN, of World Jewish Congress, speaking on behalf of International Association of Jewish Lawyers and Jurists, brought to the attention of the Sub-Commission the long-neglected case of one million Jewish refugees from Arab lands. This case was important, not only because of the just claims of such Jewish refugees under international human rights law and refugee law, but also because understanding the underlying facts which brought about the departure of these refugees from the Middle East was a precondition to an honest discussion aimed at creating a lasting and durable peace between Jews and Arabs. The Jewish refugees, even though many of them reintegrated in other countries, still awaited legitimate redress in a form of compensation for denial of their human rights and spoliation of their property. Truth was the link to justice and peace. There would be no lasting and cohesive peace in the Middle East without addressing the gross and systematic violation of human rights of the Jewish communities in Arab lands.
CONCHITA PONCINI, of International Federation of University Women, in joint statement with several NGOs*, said that attention to gender equality and women’s rights to sustainable economic and social development were contained in all recent world conferences and summits. That had become the blueprint of a framework for translating the provisions and positive forces of human rights laws for women into concrete actions. A gender perspective was not so much about targeting attention on women as it was to the structure and processes within different sectors, which were critical in highlighting imbalances. It was in that context that one could identify the gaps and discriminatory practices which had caused differing rates and levels of socio-economic impact to women and men. Eradication of poverty would remain rhetoric if the present consultation process on perceptions, priorities and needs continued to exclude or negatively affect women.
The issues of representation and access to decision-making and to control over resources continued to be dominated by men because institutions and national legislation did not address those imbalances. Women’s lives continued to be controlled principally by the male paradigm of vertical pyramid of hierarchical power. Macro economic policies were purported to be gender neutral but were in fact generally gender blind. Current policies were actually reinforcing the exclusion of women in economic development. The non-recognition and undervaluing of household work and other domestic and agricultural work created an unfavourable bias towards women in employment because they were first to suffer precarity and unemployment.
CHIP PITTS, of Lawyers Committee for Human Rights, speaking on behalf of Minnesota Advocates for Human Rights, said civil society was pleased that the Working Group on transnational corporations had been receptive to the broad input that it had received over the last several years. The Sub-Commission was called upon as a whole to adopt the Norms developed by the Working Group. The two organizations were also pleased as to the comprehensive nature of the Draft Norms, and the strong enforcement and implementation measures contemplated therein. Both of these aspects of the Norms broke new ground on the international scene, and moved the international community toward the strong legal framework that was so sorely needed. Comprehensive international regulation was a prerequisite to closing the gap and ending the persistent abuses. The Norms had a suitably broad scope, referencing all of the major international human rights and labour rights treaties and ILO Conventions as well as obligations stemming from the environmental, consumer protection, humanitarian, and anti-corruption arenas. The Norms would be of inestimable value and once they were adopted, it would be a truly historic achievement in moving toward a more just and fair world.
PHILIPPE LEBLANC, of Dominicans for Justice and Peace, speaking on behalf of Dominican Leadership Conference, said that in wars and under a sanctions system, the rights of children were violated and often neglected, including their most basic right: the right to life. Because of sanctions, a whole generation of children born after the 1991 war in Iraq was deprived of the right to adequate food and to clean water, which would allow them to develop normally. Now, the war in Iraq and its aftermath added to that by seriously affecting and disadvantaging another generation of children. He strongly urged the United Nations through its main human rights bodies to take seriously its Charter obligation to monitor the implementation and respect for international human rights law and to denounce the ongoing violations of the most fundamental human rights of women and children.
RAHEEK RINAWI, of Human Rights Watch, said there was a need for binding standards to prevent corporations from having a negative impact on the enjoyment of human rights. Such standards must not just be limited to transnational corporations but must apply to any corporation: local, national or transnational. Standards for corporate responsibility must not be limited to those corporations that chose to adhere to them, but must require all companies to uphold the same standards. Human Rights Watch supported the efforts of the Working Group on defining the Draft Norms. The Sub-Commission was encouraged to examine ways in which it could creatively build on the mandate of the Working Group to analyze the possibility of establishing a monitoring mechanism in order to apply sanctions and obtain compensation for infringements committed and damage caused by transnational corporations, in order to understand what mechanisms might be available in the future.
MARCELINO DIAZ DE JESUS, of International Indian Treaty Council, said that the rights established under the International Covenant on Economic, Social and Cultural Rights and other instruments of the United Nations had been dead letters to the indigenous peoples. Attacks had been launched against indigenous lands, natural resources and their cultural heritages. Although undeniable progress had been made in the past 20 years with regard to the promotion and protection of indigenous rights, most of the countries where indigenous peoples lived did not show respect for the economic, social and cultural rights of indigenous peoples. Many indigenous peoples and communities lived in extreme poverty. In Chile, where economic growth had been achieved, the rate of infant and adult mortality and illiteracy was high. The living conditions of the indigenous were below the national level. The ratification by the Government of the International Labour Organization (ILO) Convention 169 on the rights of indigenous peoples had not resolved indigenous problems.
SYLVAIN DE PURY, of World Organization Against Torture, said despite the firm stand taken by the international community, civil and political rights continued to be treated separately from economic, social and cultural rights, conceptually, practically and also in terms of priorities. The Organization drew the attention of the Sub-Commission to the human rights situations of the Roma people in Greece, and the Dalit community in India. Another subject of concern was related to companies’ involvement in human rights. In this respect, OMCT strongly supported the development of the Draft Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights and had been working in close collaboration with the Working Group. Over the last two months, the organization had released two urgent appeals, one on Cambodia and one on Egypt, where companies were involved in human rights violations. In both cases the Draft Norms, if adopted, would have been very useful to monitor these situations, to determine the applicable elements of international human rights law, address the responsibilities of the subcontractors and the main companies, hold them accountable and identify measures that needed to be taken in order to guarantee adequate protection, compensation and rehabilitation of the victims.




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* Joint statement on behalf of: International Federation of University Women International Council of Nurses; International Council of Women; Women's International League for Peace and Freedom; International Council of Jewish Women; World Union of Catholic Women's Organizations; All India Women's Conference; Femmes Africa Solidarité; Zonta international; Inter-African Committee on Traditional Practices Affecting the Health of Women and Children; International Institute for Peace; and Baha’i International Community.